80_FR_8128 80 FR 8098 - National Environmental Policy Act: Implementing Procedures; Additions to Categorical Exclusions for Bureau of Indian Affairs (516 DM 10)

80 FR 8098 - National Environmental Policy Act: Implementing Procedures; Additions to Categorical Exclusions for Bureau of Indian Affairs (516 DM 10)

DEPARTMENT OF THE INTERIOR
Office of the Secretary

Federal Register Volume 80, Issue 30 (February 13, 2015)

Page Range8098-8100
FR Document2015-03039

In accordance with the National Environmental Policy Act of 1969 (NEPA) and the Council on Environmental Quality regulations implementing NEPA, and Department of the Interior (Department) NEPA implementing regulations, the Bureau of Indian Affairs (BIA) in the Department is adding three categorical exclusions (CE) to the Departmental Manual 516 DM 10. The three proposed CEs pertain to timber harvesting on Indian lands.

Federal Register, Volume 80 Issue 30 (Friday, February 13, 2015)
[Federal Register Volume 80, Number 30 (Friday, February 13, 2015)]
[Notices]
[Pages 8098-8100]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03039]


=======================================================================
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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[AAK6006201 1565A2100DD AOR3030.999900]


National Environmental Policy Act: Implementing Procedures; 
Additions to Categorical Exclusions for Bureau of Indian Affairs (516 
DM 10)

AGENCY: Department of the Interior.

ACTION: Notice of Final National Environmental Policy Act Implementing 
Procedures.

-----------------------------------------------------------------------

SUMMARY: In accordance with the National Environmental Policy Act of 
1969 (NEPA) and the Council on Environmental Quality regulations 
implementing NEPA, and Department of the Interior (Department) NEPA 
implementing regulations, the Bureau of Indian Affairs (BIA) in the 
Department is adding three categorical exclusions (CE) to the 
Departmental Manual 516 DM 10. The three proposed CEs pertain to timber 
harvesting on Indian lands.

DATES: Effective Date: The categorical exclusions are effective 
February 13, 2015.

ADDRESSES: To obtain a copy of the new categorical exclusions contact 
Mr. David Koch, Acting Chief Forester, Bureau of Indian Affairs, 1849 C 
Street, Washington, DC 20240; email: [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. David Koch, Acting Chief Forester, 
(202) 208-4837.

SUPPLEMENTARY INFORMATION:

Background

    Harvesting timber on Indian lands, as defined in 25 CFR 163.1, 
allows landowners to realize value from lands held in trust for them by 
the Federal Government or subject to restrictions against alienation. 
The National Indian Forest Resources Management Act, and its 
implementing regulations, require the Secretary, with the participation 
of the landowners, to undertake forest land management activities on 
Indian forest

[[Page 8099]]

lands, including the approval of timber harvests. As a result of the 
need for Federal permits and contracts, such projects are Federal 
actions that require compliance with the NEPA. The BIA has typically 
conducted NEPA reviews of actions associated with timber harvesting by 
preparing Environmental Assessments (EA). The addition of CEs to cover 
these three categories of small actions will allow for a more efficient 
NEPA review because those EAs resulted in findings of no significant 
impacts which were substantiated over time. The three proposed CEs were 
developed based on CEs currently used by the United States Forest 
Service (FS), as described in FS regulations 36 CFR 220, and adopted by 
the Bureau of Land Management (BLM), as described the Departmental 
Manual, 516 DM 11. The BIA relied on the experience of the FS and BLM 
and applied its expertise to benchmark these CEs and determined these 
are appropriate to establish as BIA CEs.
    Because these CEs have important implications for actions occurring 
on Indian lands, the BIA initiated consultation and requested comments 
from all federally recognized tribes. This consultation period began on 
July 23, 2014, and concluded on September 21, 2014. Public comments 
were also solicited through a notice placed in the Federal Register on 
November 14, 2014 [79 FR 68287].

Comments on the Proposal

    The BIA received no comments from tribes, and no public comments.

Conclusion

    The Department and the BIA determined that the actions defined in 
the CEs presented at the end of this notice normally do not 
individually or cumulatively have a significant effect on the human 
environment and, absent extraordinary circumstances, do not require 
preparation of an Environmental Assessment or an Environmental Impact 
Statement. This finding is based on the analysis of the application of 
similar CEs established and used by other Federal departments and 
agencies; and the professional judgment of BIA environmental and 
forestry personnel who conducted environmental reviews of similar 
actions that resulted in Findings of No Significant Impact.

Categorical Exclusions

    The Department will add the following categorical exclusions to the 
Departmental Manual at 516 DM 10.5: H. Forestry.
    (11) Harvesting live trees not to exceed 70 acres, requiring no 
more than 0.5 mile of temporary road construction. Such activities:
    (a) Shall not include even-aged regeneration harvests or vegetation 
type conversions.
    (b) May include incidental removal of trees for landings, skid 
trails, and road clearing.
    (c) May include temporary roads which are defined as roads 
authorized by contract, permit, lease, other written authorization, or 
emergency operation not intended to be part of the BIA or Tribal 
transportation systems and not necessary for long-term resource 
management. Temporary roads shall be designed to standards appropriate 
for the intended uses, considering safety, cost of transportation, and 
impacts on land and resources; and
    (d) Shall require the treatment of temporary roads constructed or 
used so as to permit the reestablishment by artificial or natural 
means, of vegetative cover on the roadway and areas where the 
vegetative cover was disturbed by the construction or use of the road, 
as necessary to minimize erosion from the disturbed area. Such 
treatment shall be designed to reestablish vegetative cover as soon as 
practicable, but at least within 10 years after the termination of the 
contract.
    Examples include, but are not limited to:
    (a) Removing individual trees for sawlogs, specialty products, or 
fuelwood.
    (b) Commercial thinning of overstocked stands to achieve the 
desired stocking level to increase health and vigor.
    (12) Salvaging dead or dying trees not to exceed 250 acres, 
requiring no more than 0.5 mile of temporary road construction. Such 
activities:
    (a) May include incidental removal of live or dead trees for 
landings, skid trails, and road clearing.
    (b) May include temporary roads which are defined as roads 
authorized by contract, permit, lease, other written authorization, or 
emergency operation not intended to be part of the BIA or Tribal 
transportation systems and not necessary for long-term resource 
management. Temporary roads shall be designed to standards appropriate 
for the intended uses, considering safety, cost of transportation, and 
impacts on land and resources; and
    (c) Shall require the treatment of temporary roads constructed or 
used so as to permit the reestablishment, by artificial or natural 
means, of vegetative cover on the roadway and areas where the 
vegetative cover was disturbed by the construction or use of the road, 
as necessary to minimize erosion from the disturbed area. Such 
treatment shall be designed to reestablish vegetative cover as soon as 
practicable, but at least within 10 years after the termination of the 
contract.
    (d) For this CE, a dying tree is defined as a standing tree that 
has been severely damaged by forces such as fire, wind, ice, insects, 
or disease, such that in the judgment of an experienced forest 
professional or someone technically trained for the work, the tree is 
likely to die within a few years.
    Examples include, but are not limited to:
    (a) Harvesting a portion of a stand damaged by a wind or ice event.
    (b) Harvesting fire damaged trees.
    (13) Commercial and non-commercial sanitation harvest of trees to 
control insects or disease not to exceed 250 acres, requiring no more 
than 0.5 miles of temporary road construction. Such activities:
    (a) May include removal of infested/infected trees and adjacent 
live uninfested/uninfected trees as determined necessary to control the 
spread of insects or disease; and
    (b) May include incidental removal of live or dead trees for 
landings, skid trails, and road clearing.
    (c) May include temporary roads which are defined as roads 
authorized by contract, permit, lease, other written authorization, or 
emergency operation not intended to be part of the BIA or tribal 
transportation systems and not necessary for long-term resource 
management. Temporary roads shall be designed to standards appropriate 
for the intended uses, considering safety, cost of transportation, and 
impacts on land and resources; and
    (d) Shall require the treatment of temporary roads constructed or 
used so as to permit the reestablishment, by artificial or natural 
means, of vegetative cover on the roadway and areas where the 
vegetative cover was disturbed by the construction or use of the road, 
as necessary to minimize erosion from the disturbed area. Such 
treatment shall be designed to reestablish vegetative cover as soon as 
practicable, but at least within 10 years after the termination of the 
contract.
    Examples include, but are not limited to:
    (a) Felling and harvesting trees infested with mountain pine 
beetles and immediately adjacent uninfested trees to control expanding 
spot infestations (a buffer); and
    (b) Removing or destroying trees infested or infected with a new 
exotic insect or disease, such as emerald ash borer, Asian longhorned 
beetle, or sudden oak death pathogen.


[[Page 8100]]


    Dated: February 5, 2015.
Willie R. Taylor,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2015-03039 Filed 2-12-15; 8:45 am]
BILLING CODE 4337-A2-P



                                              8098                           Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Notices

                                              purposes of this Policy, a clinical trial                accord with the timelines that will be                  45 CFR 74.62 and/or other authorities,
                                              is defined as ‘‘a research study in which                set forth at ClinicalTrials.gov. Generally,             as appropriate.9
                                              one or more human subjects are                           this means registration of the clinical                    Dated: January 8, 2015.
                                              prospectively assigned to one or more                    trial not later than 21 days after                      Lawrence Tabak,
                                              interventions (which may include                         enrollment of the first participant and                 Principal Deputy Director, National Institutes
                                              placebo or other control) to evaluate the                submission of summary results                           of Health.
                                              effects of those interventions on health-                information not later than one year after               [FR Doc. 2015–02994 Filed 2–12–15; 8:45 am]
                                              related biomedical or behavioral                         the completion date. ‘‘Completion date’’                BILLING CODE 4140–01–P
                                              outcomes.7’’                                             is defined to be the date that the final
                                                 Effective Date. This Policy is effective              subject was examined or received an
                                              for:                                                     intervention for the purpose of final
                                                 • Competing grant applications that                   collection of data for the primary
                                                                                                                                                               DEPARTMENT OF THE INTERIOR
                                              include clinical trials and are submitted                outcome, whether the clinical trial                     Office of the Secretary
                                              to the NIH for the [date to be                           concluded according to the pre-
                                              determined] receipt date and                                                                                     [AAK6006201 1565A2100DD
                                                                                                       specified protocol or was terminated. It                AOR3030.999900]
                                              subsequent receipt dates;
                                                                                                       will be possible to delay results
                                                 • Proposals for contracts that include
                                              clinical trials and are submitted to the                 submission for up to two years beyond                   National Environmental Policy Act:
                                              NIH on or after [date to be determined];                 the initial deadline with a certification               Implementing Procedures; Additions
                                              and                                                      that regulatory approval of the product                 to Categorical Exclusions for Bureau
                                                 • NIH intramural research projects                    is being sought. Clinical trials covered                of Indian Affairs (516 DM 10)
                                              that include clinical trials for which                   by the policy will be expected to submit
                                                                                                                                                               AGENCY: Department of the Interior.
                                              Institutional Review Board review is                     the same type of registration and results
                                                                                                       data and in the same timeframes as the                  ACTION:Notice of Final National
                                              initiated after [date to be determined].                                                                         Environmental Policy Act Implementing
                                                 Responsibilities. As set forth in the                 trials subject to FDAAA. The specific
                                                                                                       registration and results information to                 Procedures.
                                              terms and conditions of grant and
                                              contract awards, all NIH-funded                          be submitted will be made available at                  SUMMARY:   In accordance with the
                                              awardees and investigators conducting                    the ClinicalTrials.gov site.                            National Environmental Policy Act of
                                              clinical trials, funded in whole or in                      Institutions and investigators should                1969 (NEPA) and the Council on
                                              part by NIH, who have committed to                       submit information directly to                          Environmental Quality regulations
                                              NIH that they will comply with NIH                       ClinicalTrials.gov. If the trial is subject             implementing NEPA, and Department of
                                              policies, are expected to ensure that                    to FDAAA, i.e., section 402(j) of the                   the Interior (Department) NEPA
                                              their NIH-funded clinical trials are                     Public Health Service Act (42 U.S.C.                    implementing regulations, the Bureau of
                                              registered and summary results,                          282(j)), submissions must be made by                    Indian Affairs (BIA) in the Department
                                              including adverse event information, are                 the Responsible Party, as defined at 42                 is adding three categorical exclusions
                                              submitted to ClinicalTrials.gov in                       U.S.C. 282(j)(1)(A)(ix). If an NIH-funded               (CE) to the Departmental Manual 516
                                                                                                       clinical trial is also subject to FDAAA,                DM 10. The three proposed CEs pertain
                                                 7 Several terms within the NIH definition of
                                                                                                       it needs to have only one entry in                      to timber harvesting on Indian lands.
                                              clinical trial definition mean are defined as follows.
                                              ‘‘Research’’ and ‘‘human subject’’ are defined in the    ClinicalTrials.gov that contains its                    DATES: Effective Date: The categorical
                                              Common Rule at 45 CFR 46.102(d) and 45 CFR               registration and results information.                   exclusions are effective February 13,
                                              46.102(f), respectively. ‘‘Prospectively assigned’’      Investigators and funding recipients are                2015.
                                              refers to a pre-defined process (e.g., randomization)
                                              specified in an approved protocol that stipulates the    expected to cooperate with NLM to                       ADDRESSES:   To obtain a copy of the new
                                              assignment of research subjects (individually or in      address any data curation or quality                    categorical exclusions contact Mr. David
                                              clusters) to one or more arms (e.g., intervention,       control issues to facilitate timely                     Koch, Acting Chief Forester, Bureau of
                                              placebo or other control) of the clinical trial. An
                                              ‘‘intervention’’ is defined as a manipulation of the
                                                                                                       posting.                                                Indian Affairs, 1849 C Street,
                                              subject or subject’s environment for the purpose of         In general, NIH expects to make                      Washington, DC 20240; email:
                                              modifying one or more health-related biomedical or       clinical trial registration and results                 david.koch@bia.gov.
                                              behavioral processes and/or endpoints. Examples
                                              include drugs/small molecules/compounds;                 information publicly available through                  FOR FURTHER INFORMATION CONTACT: Mr.
                                              biologics; devices; procedures (e.g., surgical           ClinicalTrials.gov within 30 days after                 David Koch, Acting Chief Forester, (202)
                                              techniques); delivery systems (e.g., telemedicine,       receipt by ClinicalTrials.gov.8 For NIH-                208–4837.
                                              face-to-face interviews); strategies to change health-
                                              related behavior (e.g., diet, cognitive therapy,
                                                                                                       funded trials that are subject to section               SUPPLEMENTARY INFORMATION:
                                              exercise, development of new habits); treatment          402(j) of the Public Health Services Act
                                                                                                                                                               Background
                                              strategies; prevention strategies; and, diagnostic       (42 U.S.C. 282(j)), submitted
                                              strategies. A ‘‘health-related biomedical or             information will be posted in                              Harvesting timber on Indian lands, as
                                              behavioral outcome’’ is defined as the pre-specified                                                             defined in 25 CFR 163.1, allows
                                              goal(s) or condition(s) that reflect the effect of one   compliance with the relevant
                                              or more interventions on human subjects’                 requirements of that section.                           landowners to realize value from lands
                                              biomedical or behavioral status or quality of life.                                                              held in trust for them by the Federal
                                              Examples include positive or negative changes to
                                                                                                          Failure to comply with the terms and                 Government or subject to restrictions
                                              physiological or biological parameters (e.g.,            conditions of NIH awards may provide                    against alienation. The National Indian
                                              improvement of lung capacity, gene expression);          a basis for enforcement actions,                        Forest Resources Management Act, and
                                              positive or negative changes to psychological or         including termination, consistent with
                                              neurodevelopmental parameters (e.g., mood                                                                        its implementing regulations, require
tkelley on DSK3SPTVN1PROD with NOTICES




                                              management intervention for smokers; reading                                                                     the Secretary, with the participation of
                                              comprehension and/or information retention);               8 For clinical trials funded through SBIRs, the
                                                                                                                                                               the landowners, to undertake forest land
                                              positive or negative changes to disease processes;       timeframe for posting results will be consistent with
                                              positive or negative changes to health-related           the SBIR Policy Directive, which generally prohibits    management activities on Indian forest
                                              behaviors; and, positive or negative changes to          the agency from posting SBIR data for at least 4
                                              quality of life. See http://osp.od.nih.gov/office-       years from completion of the study unless the             9 When the final policy is issued, NIH will also

                                              clinical-research-and-bioethics-policy/clinical-         awardee consents to an earlier release. See SBIR        provide more specific procedural guidance to
                                              research-policy/clinical-trials>                         Policy Directive, Sections 8(b)(2) and (4).             facilitate implementation.



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                                                                            Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Notices                                            8099

                                              lands, including the approval of timber                 0.5 mile of temporary road construction.              disturbed area. Such treatment shall be
                                              harvests. As a result of the need for                   Such activities:                                      designed to reestablish vegetative cover
                                              Federal permits and contracts, such                        (a) Shall not include even-aged                    as soon as practicable, but at least
                                              projects are Federal actions that require               regeneration harvests or vegetation type              within 10 years after the termination of
                                              compliance with the NEPA. The BIA                       conversions.                                          the contract.
                                              has typically conducted NEPA reviews                       (b) May include incidental removal of                 (d) For this CE, a dying tree is defined
                                              of actions associated with timber                       trees for landings, skid trails, and road             as a standing tree that has been severely
                                              harvesting by preparing Environmental                   clearing.                                             damaged by forces such as fire, wind,
                                              Assessments (EA). The addition of CEs                      (c) May include temporary roads                    ice, insects, or disease, such that in the
                                              to cover these three categories of small                which are defined as roads authorized                 judgment of an experienced forest
                                              actions will allow for a more efficient                 by contract, permit, lease, other written             professional or someone technically
                                              NEPA review because those EAs                           authorization, or emergency operation                 trained for the work, the tree is likely to
                                              resulted in findings of no significant                  not intended to be part of the BIA or                 die within a few years.
                                              impacts which were substantiated over                   Tribal transportation systems and not                    Examples include, but are not limited
                                              time. The three proposed CEs were                       necessary for long-term resource                      to:
                                              developed based on CEs currently used                   management. Temporary roads shall be                     (a) Harvesting a portion of a stand
                                              by the United States Forest Service (FS),               designed to standards appropriate for                 damaged by a wind or ice event.
                                              as described in FS regulations 36 CFR                   the intended uses, considering safety,                   (b) Harvesting fire damaged trees.
                                              220, and adopted by the Bureau of Land                  cost of transportation, and impacts on                   (13) Commercial and non-commercial
                                              Management (BLM), as described the                      land and resources; and                               sanitation harvest of trees to control
                                              Departmental Manual, 516 DM 11. The                        (d) Shall require the treatment of                 insects or disease not to exceed 250
                                              BIA relied on the experience of the FS                  temporary roads constructed or used so                acres, requiring no more than 0.5 miles
                                              and BLM and applied its expertise to                    as to permit the reestablishment by                   of temporary road construction. Such
                                              benchmark these CEs and determined                      artificial or natural means, of vegetative            activities:
                                              these are appropriate to establish as BIA               cover on the roadway and areas where                     (a) May include removal of infested/
                                              CEs.                                                    the vegetative cover was disturbed by                 infected trees and adjacent live
                                                 Because these CEs have important                     the construction or use of the road, as               uninfested/uninfected trees as
                                              implications for actions occurring on                   necessary to minimize erosion from the                determined necessary to control the
                                              Indian lands, the BIA initiated                         disturbed area. Such treatment shall be               spread of insects or disease; and
                                              consultation and requested comments                     designed to reestablish vegetative cover                 (b) May include incidental removal of
                                              from all federally recognized tribes. This              as soon as practicable, but at least                  live or dead trees for landings, skid
                                              consultation period began on July 23,                   within 10 years after the termination of              trails, and road clearing.
                                                                                                      the contract.                                            (c) May include temporary roads
                                              2014, and concluded on September 21,
                                                                                                         Examples include, but are not limited              which are defined as roads authorized
                                              2014. Public comments were also
                                                                                                      to:                                                   by contract, permit, lease, other written
                                              solicited through a notice placed in the
                                                                                                         (a) Removing individual trees for                  authorization, or emergency operation
                                              Federal Register on November 14, 2014
                                                                                                      sawlogs, specialty products, or                       not intended to be part of the BIA or
                                              [79 FR 68287].
                                                                                                      fuelwood.                                             tribal transportation systems and not
                                              Comments on the Proposal                                   (b) Commercial thinning of                         necessary for long-term resource
                                                 The BIA received no comments from                    overstocked stands to achieve the                     management. Temporary roads shall be
                                              tribes, and no public comments.                         desired stocking level to increase health             designed to standards appropriate for
                                                                                                      and vigor.                                            the intended uses, considering safety,
                                              Conclusion                                                 (12) Salvaging dead or dying trees not             cost of transportation, and impacts on
                                                The Department and the BIA                            to exceed 250 acres, requiring no more                land and resources; and
                                              determined that the actions defined in                  than 0.5 mile of temporary road                          (d) Shall require the treatment of
                                              the CEs presented at the end of this                    construction. Such activities:                        temporary roads constructed or used so
                                              notice normally do not individually or                     (a) May include incidental removal of              as to permit the reestablishment, by
                                              cumulatively have a significant effect on               live or dead trees for landings, skid                 artificial or natural means, of vegetative
                                              the human environment and, absent                       trails, and road clearing.                            cover on the roadway and areas where
                                              extraordinary circumstances, do not                        (b) May include temporary roads                    the vegetative cover was disturbed by
                                              require preparation of an Environmental                 which are defined as roads authorized                 the construction or use of the road, as
                                              Assessment or an Environmental Impact                   by contract, permit, lease, other written             necessary to minimize erosion from the
                                              Statement. This finding is based on the                 authorization, or emergency operation                 disturbed area. Such treatment shall be
                                              analysis of the application of similar                  not intended to be part of the BIA or                 designed to reestablish vegetative cover
                                              CEs established and used by other                       Tribal transportation systems and not                 as soon as practicable, but at least
                                              Federal departments and agencies; and                   necessary for long-term resource                      within 10 years after the termination of
                                              the professional judgment of BIA                        management. Temporary roads shall be                  the contract.
                                              environmental and forestry personnel                    designed to standards appropriate for                    Examples include, but are not limited
                                              who conducted environmental reviews                     the intended uses, considering safety,                to:
                                              of similar actions that resulted in                     cost of transportation, and impacts on                   (a) Felling and harvesting trees
                                              Findings of No Significant Impact.                      land and resources; and                               infested with mountain pine beetles and
                                                                                                         (c) Shall require the treatment of                 immediately adjacent uninfested trees to
                                              Categorical Exclusions
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                                                                                                      temporary roads constructed or used so                control expanding spot infestations (a
                                                The Department will add the                           as to permit the reestablishment, by                  buffer); and
                                              following categorical exclusions to the                 artificial or natural means, of vegetative               (b) Removing or destroying trees
                                              Departmental Manual at 516 DM 10.5:                     cover on the roadway and areas where                  infested or infected with a new exotic
                                              H. Forestry.                                            the vegetative cover was disturbed by                 insect or disease, such as emerald ash
                                                (11) Harvesting live trees not to                     the construction or use of the road, as               borer, Asian longhorned beetle, or
                                              exceed 70 acres, requiring no more than                 necessary to minimize erosion from the                sudden oak death pathogen.


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                                              8100                                    Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Notices

                                                Dated: February 5, 2015.                                             Wildlife Office, 300 Ala Moana Blvd.,                       removed from the List; or be changed in
                                              Willie R. Taylor,                                                      Room 3–122, Box 50088, Honolulu, HI                         status from endangered to threatened, or
                                              Director, Office of Environmental Policy and                           96850.                                                      from threatened to endangered. Our
                                              Compliance.                                                               For Bradshaw’s desert-parsley and                        regulations at 50 CFR 424.21 require
                                              [FR Doc. 2015–03039 Filed 2–12–15; 8:45 am]                            Howell’s spectacular thelypody, submit                      that we publish a notice in the Federal
                                              BILLING CODE 4337–A2–P
                                                                                                                     information to: Field Supervisor,                           Register announcing those species
                                                                                                                     Attention: 5-Year Review, U.S. Fish and                     under active review.
                                                                                                                     Wildlife Service, Oregon Fish and
                                                                                                                     Wildlife Office, 2600 SE 98th Avenue,                       What information do we consider in the
                                              DEPARTMENT OF THE INTERIOR
                                                                                                                     Suite 100, Portland, OR 97266.                              review?
                                              Fish and Wildlife Service                                              Alternatively you may submit                                  A 5-year review considers all new
                                                                                                                     information on the Oregon species by                        information available at the time of the
                                              [FWS–R1–ES–2014–N247;
                                              FXES11130100000C4–156–FF01E00000]                                      email to: fw1or5yearreview@fws.gov.                         review. In conducting these reviews, we
                                                                                                                        For MacFarlane’s four-o’-clock,                          consider the best scientific and
                                              Endangered and Threatened Wildlife                                     submit information to: Field Supervisor,                    commercial data that has become
                                              and Plants; Initiation of 5-Year Status                                Attention: 5-Year Review, U.S. Fish and                     available since the listing determination
                                              Reviews of 133 Species in Hawaii,                                      Wildlife Service, Idaho Fish and                            or most recent status review, such as:
                                              Oregon, Idaho, and Washington                                          Wildlife Office, 1387 S. Vinnell Way,                         (A) Species biology, including but not
                                                                                                                     Suite 368, Boise, ID 83709.
                                              AGENCY:   Fish and Wildlife Service,                                                                                               limited to population trends,
                                                                                                                     FOR FURTHER INFORMATION CONTACT:                            distribution, abundance, demographics,
                                              Interior.                                                              Marie Bruegmann, U.S. Fish and                              and genetics;
                                              ACTION: Notice of initiation of reviews;                               Wildlife Service, Pacific Islands Fish
                                              request for information.                                                                                                             (B) Habitat conditions, including but
                                                                                                                     and Wildlife Office (see ADDRESSES),
                                                                                                                                                                                 not limited to amount, distribution, and
                                                                                                                     808–792–9400 (for species in Hawaii);
                                              SUMMARY:   We, the U.S. Fish and                                                                                                   suitability;
                                                                                                                     Jeff Dillon, U.S. Fish and Wildlife
                                              Wildlife Service (Service), are initiating                             Service, Oregon Fish and Wildlife                             (C) Conservation measures that have
                                              5-year status reviews for 133 species in                               Office, 503–231–6179 (for Bradshaw’s                        been implemented that benefit the
                                              Hawaii, Oregon, Idaho, and Washington                                  desert-parsley and Howell’s spectacular                     species;
                                              under the Endangered Species Act of                                    thelypody); or Kim Garner, Idaho Fish                         (D) Threat status and trends in
                                              1973, as amended (Act). A 5-year status                                and Wildlife Office, 208–378–5243 (for                      relation to the five listing factors (as
                                              review is based on the best scientific                                 MacFarlane’s four-o’-clock). Individuals                    defined in section 4(a)(1) of the Act);
                                              and commercial data available at the                                   who are hearing impaired or speech                          and
                                              time of the review; therefore, we are                                  impaired may call the Federal Relay                           (E) Other new information, data, or
                                              requesting submission of any new                                       Service at 800–877–8339 for TTY                             corrections, including but not limited
                                              information on these species that has                                  assistance.                                                 to, taxonomic or nomenclatural changes,
                                              become available since the last review.                                                                                            identification of erroneous information
                                                                                                                     SUPPLEMENTARY INFORMATION:
                                              DATES: To ensure consideration in our                                                                                              contained in the List, and improved
                                              reviews, we are requesting submission                                  Why do we conduct 5-year reviews?                           analytical methods.
                                              of new information no later than April                                    Under the Act (16 U.S.C. 1531 et seq.),                    Any new information will be
                                              14, 2015. However, we will continue to                                 we maintain Lists of Endangered and                         considered during the 5-year review and
                                              accept new information about any listed                                Threatened Wildlife and Plants (which                       will also be useful in evaluating the
                                              species at any time.                                                   we collectively refer to as the List) in                    ongoing recovery programs for these
                                              ADDRESSES: For the 130 species in                                      the Code of Federal Regulations (CFR) at                    species.
                                              Hawaii (see table below), submit                                       50 CFR 17.11 (for animals) and 17.12
                                                                                                                                                                                 What species are under review?
                                              information to: Deputy Field                                           (for plants). Section 4(c)(2) of the Act
                                              Supervisor—Programmatic, Attention:                                    requires us to review each listed                             This notice announces our active
                                              5-Year Review, U.S. Fish and Wildlife                                  species’ status at least once every 5                       review of the 133 species listed in the
                                              Service, Pacific Islands Fish and                                      years to determine whether it should be                     table below.

                                                                                              SPECIES FOR WHICH WE ARE INITIATING A 5-YEAR STATUS REVIEW
                                                              Common name                                              Scientific name                           Status            Where listed                   Final listing rule

                                                                                                                                             ANIMALS

                                              Millerbird, Nihoa ................................         Acrocephalus familiaris kingi .............        Endangered ......    U.S.A.   (HI)   ........   32   FR   4001; 03/11/1967.
                                              Wolf spider, Kauai cave ....................               Adelocosa anops ...............................    Endangered ......    U.S.A.   (HI)   ........   65   FR   2348; 01/14/2000.
                                              Duck, Laysan ....................................          Anas laysanensis ..............................    Endangered ......    U.S.A.   (HI)   ........   32   FR   4001; 03/11/1967.
                                              Pomace fly [unnamed] ......................                Drosophila musaphilia .......................      Endangered ......    U.S.A.   (HI)   ........   71   FR   26835; 05/09/2006.
                                              Fly, Hawaiian picture-wing ................                Drosophila sharpi ..............................   Endangered ......    U.S.A.   (HI)   ........   75   FR   18960; 04/13/2010.
                                              Newcomb’s snail ...............................            Erinna newcombi ...............................    Threatened .......   U.S.A.   (HI)   ........   65   FR   4162; 01/26/2000.
                                              Nukupu‘u (honeycreeper) ..................                 Hemignathus lucidus .........................      Endangered ......    U.S.A.   (HI)   ........   35   FR   16047; 10/13/1970.
                                              ‘Akialoa, Kauai ..................................         Hemignathus procerus ......................        Endangered ......    U.S.A.   (HI)   ........   32   FR   4001; 03/11/1967.
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                                              Akekee ..............................................      Loxops caeruleirostris .......................     Endangered ......    U.S.A.   (HI)   ........   75   FR   18960; 04/13/2010.
                                              ‘O‘o, Kauai .........................................      Moho braccatus .................................   Endangered ......    U.S.A.   (HI)   ........   32   FR   4001; 03/11/1967.
                                              Thrush, large Kauai ...........................            Myadestes myadestinus ....................         Endangered ......    U.S.A.   (HI)   ........   35   FR   16047; 10/13/1970.
                                              Thrush, small Kauai ..........................             Myadestes palmeri ............................     Endangered ......    U.S.A.   (HI)   ........   32   FR   4001; 03/11/1967.
                                              ‘Akikiki ...............................................   Oreomystis bairdi ..............................   Endangered ......    U.S.A.   (HI)   ........   75   FR   18960; 04/13/2010.
                                              Amphipod, Kauai cave ......................                Spelaeorchestia koloana ...................        Endangered ......    U.S.A.   (HI)   ........   65   FR   2348; 01/14/2000.
                                              Finch, Laysan ....................................         Telespyza cantans ............................     Endangered ......    U.S.A.   (HI)   ........   32   FR   4001; 03/11/1967.



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Document Created: 2015-12-18 13:18:23
Document Modified: 2015-12-18 13:18:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Final National Environmental Policy Act Implementing Procedures.
ContactMr. David Koch, Acting Chief Forester, (202) 208-4837.
FR Citation80 FR 8098 

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